The statistics compiled on the basis of a survey conducted in 2000 on American companies by Fortune Personal Consultants shows that firm size influences the degree of workers’ loyalty to their employer. According to the results, nearly 80% of people working in SMEs consider themselves loyal to their company against less than 50% for those working in large enterprises.

The legislation relating to trade secrets seeks to reconcile the conflicting policy options. It promote innovation and creativity and to protect companies investing in innovative and creative activities on the one hand, and the importance of promoting healthy competition and freedom of employment, of other. The difficulties raised by these competing and often contradictory illustrated in the theory of inevitable disclosure doctrine and the “spring board” in common law countries.

The theory of inevitable disclosure has developed around the issue of employees seeking new employment in a similar business. The fundamental principle is that employees who had access to confidential information inevitably disclose their future employer if he exercises his activity in the same area. Even if the employee’s intentions are good, the theory assumes that it is inevitable that the information, skills and knowledge acquired automatically and instinctively arise in the course of employment after it falls within the same sector. The above policy considerations come into play in this regard. Society needs to protect confidential information of its business, but it can not limit the freedom of employment for its members.

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